Please read these Competition rules terms and conditions carefully before using Our Service or submitting your entry.
INTERPRETATION AND DEFINITIONS
1.1 In these Competition Rules, the following definitions apply (unless the context clearly indicates a contrary intention):
1.1.1 ″the Act″ means the Consumer Protection Act, 2008 (Act No. 68 of 2008);
1.1.2 ″Business Day″ means a day other than a Saturday or a Sunday or a day which from time to time is a proclaimed public holiday in the Republic of South Africa;
1.1.3 ″Competition Rules″ means these rules, as required by Section 36 of the Act;
1.1.4 ″Participant″ means an individual who enters the Promotional Competition and meets the criteria set out in any natural person who qualifies in terms of clause 4.1;
1.1.5 ″POPI″ means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
1.1.6 ″Promoter″ means Armagon (Pty) Ltd, the brand/product Grid Buddy™;
1.1.7 ″Promotional Competition″ means the competition to which these rules pertain as run by the Promoter during the Promotion Period;
1.1.8 ″Promotion Period″ means the period starting on 10 May 2021, and closing on 14 June 2021, at 17h00. No late entries will be accepted.
1.1.9 “The Winner Announcement” will be done on 16 June 2021 at 12h00.
1.1.10″Prize″ means as further described in clause 6;
1.1.11 ″Redeemable Period″ means the period that the Participants have to redeem their Prize being within 3 (three) months of the Winner being notified of their selection as a Winner; and
1.1.12 ″Winner″ means a Participant who is successful in the Promotional Competition and is notified as such by the Promoter in terms of clause 7.
The Promoter is offering a Promotional Competition in terms of which the Participants can enter the Promotional Competition in order to win the Prize, in terms of the Competition Rules set out herein.
3 The Consumer Protection Act
3.1 The Competition Rules contain certain terms and conditions which may:-
3.1.1 limit the risk or liability of the Promoter, or any relevant third party; and/or
3.1.2 create risk or liability for the Participant; and/or
3.1.3 compel the Participant to indemnify the Promoter or a relevant third party; and/or
3.1.4 serve as an acknowledgment, by the Participant, of certain facts.
4 The Participant
4.1 The Participant must be;
4.1.1 A natural person and may not be a juristic person;
4.1.2 18 (eighteen) years or older; and
4.1.3 A permanent resident or citizen of the Republic of South Africa.
4.2 The Participant, by entering into the Promotional Competition, expressly acknowledges that he/she has been given an appropriate opportunity to first read the Competition Rules before entering the Promotional Competition and that he/she understands and thereby agrees to the Competition Rules.
4.3 It is a material term of the Promotional Competition that all Participants’ to this Promotional Competition participate entirely at their own risk.
4.4 No director, employee, agency, reseller, agent, or consultant of the Promotor(s), or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with this Promotional Competition may participate in this Promotional Competition.
5 How to enter
5.1 To enter this Promotional Competition Participants must
5.1.1 share their “Promote your Buddy” idea via the Grid Buddy™ competition entry website page; or
5.1.2 Hint why you need a Grid Buddy™ which must be submitted via the Grid Buddy™ competition entry website page.
5.2 The Promoter is not liable for the failure of any technical element relating to this Promotional Competition that may result in an entry not being successfully submitted.
5.3 Entries that are unclear, illegible, or contain errors will be declared invalid.
5.4 You may submit a video of 30 seconds long but not longer than 60 seconds and not larger than 100MB;
6 The Prize
6.1 2 (two) Participants stand a chance to each win hamper to the value of up to R 5000.00 (five thousand Rand (ZAR).
6.2 The Winners and runner-ups will be selected by a panel of judges comprising of Armagon Management, Grid Buddy Management, and the Grid Buddy Advertising team and will be notified via a call, email, and published on our social media Facebook page. In the event that any of the Winners cannot be successfully contacted following all reasonable attempts to do so, the Promoter reserves the right to draw another winner in substitution. Any queries in this regard may be directed to the Grid Buddy™ via email at firstname.lastname@example.org.
6.3 Any Prize not taken up for any reason within 10 working days of notification will be forfeited.
7 The Winner
7.1 There will be 2 (two) Winners selected, 1 (one) per category as listed in 5.1 above.
7.2 By participating in the Promotional Competition, the Winner hereby accepts that the Winner will/may be asked to take part in further publicity relating to the Promotional Competition. The Promoter may incorporate the Winner’s ideas or submissions in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoter’s business, including but not limited to posting photos/videos and other media to the Promoter’s website, Facebook and other social media pages.
7.3 The Winners may be required to sign a waiver of liability and indemnity before claiming their prizes.
7.4 All Winners will be required to provide their names, ID numbers, and contact details and to sign an acknowledgment of receipt of the Prize.
7.5 The Participants consent, by taking part in the competition to the Promoter using the personal information collected through the Promotional Competition to adjudicate the competition and for future marketing purposes by the Promoter.
7.6 Where Participants/ Winners consent to take part in the Promoter’s publicity campaigns, they will not be entitled to any remuneration for such participation, and all materials arising from such participation will be the sole property of the Promoter.
7.7 By submitting your idea, photos, videos, and all ideas via the competition entry website page you are releasing your idea, images, video, copy submissions to The Promoter to use at their own discretion. The Promoter will reserve the right to exclusive usage, reproduction, marketing, and distribution of any and all submissions.
8 The Rules
8.1 The following rules apply to the Promotional Competition:-
8.1.1 The Participants must provide correct and up-to-date personal details as required by the Promoter with each referral sent to the Promoter and allow the Promoter to process such information in terms of POPI Act;
8.1.2 The Promoter reserves the right to amend these Competition Rules by bringing it to the Participants attention within a reasonable period of time and may terminate the Promotional Competition at any time. In such event, where the Promotional Competition is terminated or suspended, all Participants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they have no recourse against the Promoter, their employees, agents, partners, suppliers, or sponsors; and
8.1.3 In the event of a dispute, the decision of the Promoter will be final and binding and no correspondence will be entered into. In this regard and for further clarity, the Promoter shall be entitled to deal with such disputes (or any failure by Participants to follow the rules) in their sole discretion, including that the Promoter shall be entitled to immediately disqualify Participants from this Promotional Competition.
8.2 Unlawful, fraudulent, or otherwise dishonest conduct or any conduct in breach of these Rules by a Participant and/or their parents/guardians, determined in the Promoter’s sole discretion, may result in disqualification from the Promotional Competition and ineligibility to win any prize.
9.1 By entering into the Promotional Competition, the Participant expressly agrees to the following indemnifications:
9.1.1 The Participant indemnifies and holds harmless the Promoter and its promotional partners, their employees, and their agents (“the Indemnified Parties”) of any and all liability pertaining to any damage, cost, injuries, and losses of whatsoever nature and howsoever arising as a result of their participation in the Promotional Competition and related events and activities, including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy; and
9.1.2 The Participant accepts that the Indemnified Parties will not be responsible for any costs, damage, or otherwise, howsoever incurred by the Winner subsequent to claiming the Prize.
10 Prize Qualification Rules
10.1 A Prize may not be handed over to a winner when it is prohibited by law for the Winner to use the prize. The Winner must prove their eligibility to use the Prize. Once the Winner has been notified and the Prize has been handed over, the Winner must sign an acknowledgment of receiving the Prize.
10.2 The Participant must inform their employer of his/her participation in the Promotional Competition and must obtain consent to participate if this is required. The Promoter accepts no responsibility in this regard should the Participant have failed to obtain the necessary consent, resulting in their inability to redeem the Prize.
10.3 The Winner must provide valid proof of identity (a green bar-coded ID book, smart ID card, passport, or driver’s license).
10.4 Any extras not included in the Prize as detailed above will be at the expense of the Winner.
10.5 The Promoter reserves the right to substitute the Prize with any other prize of similar commercial value to the Prize offered herein, at its sole discretion.
11 POPI Act
11.2 This Promotional Competition is in no way sponsored, endorsed, or administered by, or associated with, Facebook, or any other Social Network.
11.3 The Participant by part taking in the Promotional Competition consents to his/her personal information to be shared with the Promoter’s employees, contractors, or agents for the purpose of this Promotional Competition and for the purpose of sharing future promotional competitions.
GENERAL TERMS AND CONDITIONS
2. If You do not accept these terms & conditions, please immediately desist from accessing the site.
3. This Site is made available by Armagon (Pty) Ltd and its subsidiaries, affiliates, parent companies, and any of their related businesses are referred to in these Terms & Conditions as “we”, “us” or “our”.
4. Rights – all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface, and website structure) and video, and the look and feel, design, and compilation thereof) at this Site are owned by us or our licensors. You agree that You are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that You may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
5. Intellectual Property – We are the owner and/or authorised user of all trademarks, service marks, designs, patents, copyrights, database rights, and all other intellectual property appearing on or contained within the Site unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant You any right, title, interest, or license to any such intellectual property You may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
6. Copying – You may view this Site and You are welcome to print hard copies of material on it solely for Your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other formats, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, You are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
7.1. We reserve the right, but not the obligation, to monitor our Communication Platforms and to remove or alter any content, which, in our sole discretion, constitutes a misuse thereof these, and may restrict, suspend or terminate Your use of these services or the Site where we believe that there has been such a misuse. The following examples constitute a misuse of our Communication Platforms:
i) using the services for any improper, unlawful or immoral purpose, causing any nuisance by Your use of the services or causing the operation of the services to be jeopardised or impaired using the services to create, host, or transmit (whether in a Communication Platforms or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offense to others on grounds of race, religion, creed or sex;
ii) using the services to harm, or attempt to harm, minors in any way;
iii) using the services to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offense or give rise to civil liability;
iv) using the services to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property or proprietary rights of any other party;
v) using the services to create, host, or transmit unsolicited advertising material to other users; vi) using the services to create, host, or transmit any material that harasses another;
vii) using the services to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services or to send chain letters or pyramid schemes and the like adding, removing, or modifying identifying network header information or copyright management information including author names, publication dates or clearance agency names in an effort to deceive or mislead;
viii) using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;
ix) using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other data;
x) using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking;
xi) reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that You are not authorised to use;
xii) encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages; and/or
xiii) disclosing any personally identifiable information about Yourself or any other party e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived)
7.2 This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Communication Platforms that may result in the restriction, suspension, or termination of Your use of the Communication Platforms or of our Site. Due to the global nature of the internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
7.3 Any content, information, or material posted to a Communication Platforms (“Postings”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g. username, email address, phone number) that You post on or through Communication Platforms is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contacts from others. You should not include any personally identifiable about Yourself or any other person in any posting. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information that You post on our Communication Platforms.
7.4 You represent and warrant that Your postings are original to You, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in Your Postings have been waived, and You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed.
7.5 We are not responsible for maintaining Your Postings and we may delete or destroy them at any time. Content, information, and materials posted by users to Communication Platforms are not endorsed by us. It is Your responsibility to evaluate and confirm the accuracy of information provided by other users on or through Communication Platforms. The opinions expressed in our Communication Platforms are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on our Communication Platforms.
7.6 We may enable You to establish an account with a username and password to access and use the Communication Platforms. If so, You are responsible for maintaining the strict confidentiality and integrity of Your account password, and You are responsible for any activity under Your account and password. You agree to:
(a) immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
(b) ensure that You exit from Your account at the end of each session. It is Your sole responsibility to control the dissemination and use of Your password, control access to and use of Your account, and notify us when You desire to cancel Your account. We will not be responsible or liable for any loss or damage arising from Your failure to comply with this provision.
8. No warranties – this site is provided “as is,” and Your use thereof is at Your own risk. We, our officers, directors, employees, agents, and assigns disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be free from viruses. although we take reasonable steps to secure the site, You acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials You post on or transmit through the site will be safe from unauthorized access or use. If You are dissatisfied with the site, Your sole remedy is to discontinue using the Site.
9. Third Party Goods and services – We do not vouch for those persons, companies, and other organisations whose goods or services may be accessed or displayed through or on the site.
10. Your responsibility – You should always verify the information set out on this Site with independent authorities before acting or relying on it. It is Your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with Your equipment.
In circumstances where You provide us with information relating to any third parties, You warrant that You have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
11. No liability – to the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost, or damage (direct, indirect, consequential, or otherwise) suffered by You as a result of Your use of the site or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to You for all proven damages, costs, losses, and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site.
12. Materials submitted by You – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from You through the Site, any of its services, by email, or in any other way. Any information or material submitted by You, and which has not been specifically requested by us, will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials submitted by You to this Site, whether ideas, creative concepts, or other materials, may be used, reproduced, and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgment of You as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by You as a result of the use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights You may have under data privacy laws that protect Your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
13. User Information – In the course of Your use of the Site, You may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that You are solely responsible for the accuracy and content of the User Information.
14. Links from and to the Site – You acknowledge and agree that we have no responsibility for the information provided by Web sites to which You may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising, or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on such Linked Sites.
15. Indemnity – You will indemnify us against any loss, damage, or cost incurred by us arising out of Your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from linked sites, Your submission or transmission of information or material on or through the Site or Your violation of these Terms & Conditions or any other laws, regulations, and rules. You will also indemnify against any claims that information or material which You have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that You will fully cooperate with us in any such defenses.
16. Restriction, Suspension, and Termination – We may restrict, suspend or terminate Your access to the Site and/or Your ability to avail of any of the services on the Site, including interactive services if we believe that You have breached these Terms & Conditions at any time. Any such restriction, suspension, or termination will be without prejudice to any rights which we may have against You in respect of Your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace Your IP address and if necessary contact Your ISP in the event of a suspected breach of these Terms & Conditions.
These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between You and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and You agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
17. Copyright and IP – We respect the intellectual property rights of others, and require that the people who use the Site do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to our address below:
- Your address, telephone number, and email address
Description of the copyrighted work that You claim has been infringed on
- A description of the alleged infringing activity and where the alleged infringing material is located
- Statement by You that You have a good faith belief that the disputed use is not authorised by You, the copyright owner, its agent, or the law
- Electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.
Armagon (Pty) Ltd may be contacted at: email@example.com
18. Law and Jurisdiction – These Terms & Conditions, including the Privacy Statement and any matter relating to this Site, shall be governed by South African law and the General Data Protection Regulations (GDRP) of the European Union. To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which South Africa has placed an embargo. If You download or use the software, You represent and warrant that You are not located in, or under the control of, or a national or one any such country or on any such list.